Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

University of Michigan Law School

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 7561 - 7590 of 9090

Full-Text Articles in Entire DC Network

The Premises Of The Judgment As Res Judicata In Continental And Anglo-American Law, Robert Wyness Millar Dec 1940

The Premises Of The Judgment As Res Judicata In Continental And Anglo-American Law, Robert Wyness Millar

Michigan Law Review

The newly reconstituted Supreme Court of the United States has become the center of an earnest controversy with respect to the true role of the Court in constitutional interpretation. The general controversy is, of course, far from new. What makes it of more than ordinary significance is that the Court itself is revealing a tendency substantially to alter the extent, if not the nature, of judicial review. This tendency has not yet become clearly dominant, but it is apparent enough to shake the implicit faith in the Court of many of those to whom, before 1937, any criticism of the …

Go to article

Constitutional Interpretation And Judicial Self-Restraint, Vincent M. Barnett Jr. Dec 1940

Constitutional Interpretation And Judicial Self-Restraint, Vincent M. Barnett Jr.

Michigan Law Review

The newly reconstituted Supreme Court of the United States has become the center of an earnest controversy with respect to the true role of the Court in constitutional interpretation. The general controversy is, of course, far from new. What makes it of more than ordinary significance is that the Court itself is revealing a tendency substantially to alter the extent, if not the nature, of judicial review. This tendency has not yet become clearly dominant, but it is apparent enough to shake the implicit faith in the Court of many of those to whom, before 1937, any criticism of the …

Go to article

Wigmore On Evidence-A Review, John E. Tracy Dec 1940

Wigmore On Evidence-A Review, John E. Tracy

Michigan Law Review

In 1887 John Henry Wigmore graduated from Harvard Law School. Only four years later, in 1891, there came from his pen an article in the Harvard Law Review entitled "Nemo Tenetur Seipsum Prodere," which showed to the profession that there had arrived at the bar a writer who was not only a deep student of legal history and knew his law of evidence, but who had no hesitation in smashing images, regardless of how sacredly they had theretofore been worshiped.

Go to article

Federal Courts - Jurisdiction Over Violations Of Civil Liberties By State Governments And By Private Individuals, Eugene Gressman Dec 1940

Federal Courts - Jurisdiction Over Violations Of Civil Liberties By State Governments And By Private Individuals, Eugene Gressman

Michigan Law Review

The long-term security of civil liberties in the United States must in the end depend upon the spirit and attitude of the public. Many violations of these rights never reach the stage of justiciable issues. But even when they do, public sentiment is often reflected in the courts. Especially is this true in the state courts, which are often too near local prejudices and entrenched mores to withstand their effect. This situation was recognized as long ago as the Reconstruction Era, when the various civil rights acts provided for federal protection of civil liberties. Apparently it was felt that from …

Go to article

Deeds - Exceptions And Reservations - Use Of Extrinsic Evidence To Interpret Uncertain Exceptions - Exception To Grant Described In Document To Be Drawn, Michigan Law Review Dec 1940

Deeds - Exceptions And Reservations - Use Of Extrinsic Evidence To Interpret Uncertain Exceptions - Exception To Grant Described In Document To Be Drawn, Michigan Law Review

Michigan Law Review

In anticipation of becoming the owner of a tract of land, S agreed to convey to a water company that portion of the land which the company would require for its reservoir. On acquiring the land, S conveyed the tract to F "except about 25/100 acres on the westerly side to be deeded to the Centralia Water Works Co." Ten days later, S conveyed to the water company "all that part . . . that is now or shall hereafter be, covered by water in the reservoir of said . . . company to high water mark in flood time …

Go to article

Searches And Seizures - Constitutionality Of Statute Providing For Issuance Of Search Warrant On Affidavit On Information And Belief, William C. Wetherbee Dec 1940

Searches And Seizures - Constitutionality Of Statute Providing For Issuance Of Search Warrant On Affidavit On Information And Belief, William C. Wetherbee

Michigan Law Review

Plaintiff demanded a writ of prohibition against the defendant, a justice of the peace, to prevent his proceeding to determine ownership of trademarked milk bottles seized from plaintiff's milk truck under a search warrant. A statute required the issuance of a search warrant when any person made affidavit that he had reason to believe and did believe that trademarked receptacles were being wrongfully held. Held, writ of prohibition granted since the statute was unconstitutional in requiring the issuance of a search warrant without a showing of facts constituting probable cause, and in allowing the affiant instead of the judicial …

Go to article

Measures Of Land Value For Utility Regulation, Lrston R. Barnes Nov 1940

Measures Of Land Value For Utility Regulation, Lrston R. Barnes

Michigan Law Review

The appraisal of the land of utility corporations presents problems that are not encountered in the valuation of other utility properties. The basic principles and methods of appraisal applicable to other properties are considered inappropriate for the valuation of lands, and certain inconsistencies between the treatment of land and other properties suggest embarrassing questions as to the principles which should guide the regulation of utility rates. Two concrete problems may serve to provide orientation for the discussion which follows: What elements of cost imposed on utilities in the acquisition of real estate are entitled to consideration in establishing rates? To …

Go to article

Bankruptcy-Corporate Reorganization-Publicly Held Securities As A Test Of Availability Of Relief Under Chapters X And Xi Of The Chandler Act, Edward S. Biggar Nov 1940

Bankruptcy-Corporate Reorganization-Publicly Held Securities As A Test Of Availability Of Relief Under Chapters X And Xi Of The Chandler Act, Edward S. Biggar

Michigan Law Review

Chapter X of the amended Bankruptcy Act of 1938 was mainly the product of the investigation by the Securities and Exchange Commission of reorganization practices under the old equity procedure and under section 77B. The chief aim of the sponsors of this new chapter was to preclude the control of reorganization proceedings by "inside" groups, and thereby more adequately protect the interests of investors. Contemporaneously with the overhauling of section 77B, however, other sections of the old Bankruptcy Act were being revised. Among the changes effected, old sections 12 and 74, dealing with extensions and compositions, were remodelled and combined …

Go to article

Scope Of The Business: The Borrowed Servant Problem, Talbot Smith Jun 1940

Scope Of The Business: The Borrowed Servant Problem, Talbot Smith

Michigan Law Review

If your client wants to erect an office building he may be advised of the cost within narrow limits. The necessary expenditure will be X dollars plus Y lives or limbs. If his talents take the turn of bridge construction similar computations may be made. To carry forward to completion either of these projects he must use materials of various kinds, and he must use men. The expenditure of the human, animate, material is as inevitable as the expenditure of the inanimate. With increased care and skill the curve of expenditure of the human material will approach the asymptote of …

Go to article

The Constitution And A "Planned Economy", Henry Rottschaefer Jun 1940

The Constitution And A "Planned Economy", Henry Rottschaefer

Michigan Law Review

A little more than a decade has passed since the collapse of the wildest speculative orgy ever indulged in by a nation not markedly given to underestimating its own economic and financial potentialities. It came at a time when the conjuncture of world-wide economic forces combined with almost world-wide unsound practices in the fields of international trade and finance had created an extremely unstable economic situation throughout the world. It would require a degree of optimism as large as that entertained by the speculative community during the "boom period" to believe that the measures and policies adopted and followed during …

Go to article

A Reappraisal Of Appraisal Statutes, Norman D. Lattin Jun 1940

A Reappraisal Of Appraisal Statutes, Norman D. Lattin

Michigan Law Review

Two recent cases, under two of the most carefully framed corporation statutes, have raised again the question of what to do with the shareholder who dissents from fundamental change in his corporation. The appraisal statutes were devised to meet this problem by giving the shareholder, in the limited number of fundamental changes stated in the statute, the right to demand the fair, cash or market value of his share and retire from the company. The statutes of two states have given him this right as almost the exclusive means of protecting his interest in the company if he is dissatisfied …

Go to article

Scott On Trusts: A Review, Lewis M. Simes Jun 1940

Scott On Trusts: A Review, Lewis M. Simes

Michigan Law Review

Professor Scott, in his four volume work on the Law of Trusts, has given us a book worthy to stand beside the two other great American treatises on this subject, the American Law Institute Restatement of the Law of Trusts, and Bogert on Trusts and Trustees. Since the reviews of Professor Scott's book already published have been as numerous as they have been favorable, I shall content myself with discussing it as a whole and shall refrain from detailed comment on its treatment of particular rules. More particularly, I shall attempt to compare it with the two …

Go to article

Taxation - Income Tax - Taxability Of Income Of Alimony Trust To Husband-Settlor-Rule Of Douglas V. Willcuts, Benjamin W. Franklin Jun 1940

Taxation - Income Tax - Taxability Of Income Of Alimony Trust To Husband-Settlor-Rule Of Douglas V. Willcuts, Benjamin W. Franklin

Michigan Law Review

Three recent decisions of the Supreme Court of the United States, Helvering v. Fitch, Helvering v. Leonard, and Helvering v. Fuller, all involving an application of the rule of Douglas v. Willcuts, raise the question of what that rule means in its practical application. Stated briefly, that rule is that the income from a so-called alimony trust is taxable to the husband-settlor whenever it discharges a continuing obligation for him.

Go to article

Constitutional Law - Psychopathic Proceeding - Due Process And Jury Trial, Michigan Law Review Jun 1940

Constitutional Law - Psychopathic Proceeding - Due Process And Jury Trial, Michigan Law Review

Michigan Law Review

Proceedings were brought against appellant under a Minnesota statute providing for commitment of psychopathic persons who showed habitual sexual misconduct. Appellant appealed to the state supreme court for a writ of prohibition, claiming denial of due process. Appellant's contentions were overruled and he appealed to the United States Supreme Court. Held, the statute did not deny due process. Minnesota ex rel. Pearson v. Probate Court, (U.S. 1940) 60 S. Ct. 523.

Go to article

Municipal Corporations - Police Power - Control Of Streets - Power Of City To Grant Exclusive Garbage Disposal Privilege, Michigan Law Review Jun 1940

Municipal Corporations - Police Power - Control Of Streets - Power Of City To Grant Exclusive Garbage Disposal Privilege, Michigan Law Review

Michigan Law Review

Defendant was arrested and fined for collecting and removing garbage by truck over the streets of plaintiff city in violation of an ordinance which provided that no persons other than the duly authorized employees of the city should collect, remove, convey, or transport garbage by any means whatsoever over the city streets. The state constitution gave municipalities the power to adopt and enforce local police and sanitary measures which did not conflict with the general laws. In broad terms, the general code gave the city the power to dispose of garbage, sewage, etc. Defendant claimed that the ordinance conflicted with …

Go to article

Public Officers - Duties And Responsibilities Of Custodians Of Public Funds, Michigan Law Review Jun 1940

Public Officers - Duties And Responsibilities Of Custodians Of Public Funds, Michigan Law Review

Michigan Law Review

The treasurer of a village, acting under the direction of the board of supervisors, deposited the village funds in a certain bank. The village treasurer was the managing officer of this bank. A public official's bond was given to cover his specific term beginning May 5, 1931, and ending May 5, 1932. The bond included a provision exempting the surety from liability for loss by reason of bank failure. A state statute spelled out the obligations of the principal and surety in an official bond without making provisions for any exemptions. At the close of the term of office on …

Go to article

Taxation - Income Tax - Improvements Made By Lessee As Income To Lessor, Benjamin W. Franklin Jun 1940

Taxation - Income Tax - Improvements Made By Lessee As Income To Lessor, Benjamin W. Franklin

Michigan Law Review

In 1915, defendant leased a tract of land to X for ninety-nine years. The lease provided that the lessee could remove the old building and replace it; and that on termination, the lessee should surrender the land, buildings and improvements. In 1929, the lessee razed the old structure and erected a new one. On default by the lessee in 1933, the lease was cancelled and defendant repossessed the premises. The commissioner of internal revenue determined that the difference between the fair market value of the new building in 1933 and the unamortized cost of the building razed in 1929 was …

Go to article

Trade Restraints - Fair Trade Statutes - Validity Of Statute Forbidding The Giving Of A Premium To Promote The Sale Of Gasoline With An Intent To Injure Competition, Benjamin W. Franklin Jun 1940

Trade Restraints - Fair Trade Statutes - Validity Of Statute Forbidding The Giving Of A Premium To Promote The Sale Of Gasoline With An Intent To Injure Competition, Benjamin W. Franklin

Michigan Law Review

Defendant operated an independent gasoline station. He gave to each cash customer purchasing five gallons of gasoline at the generally prevailing prices a drinking glass worth less than five cents. For this act he was charged with violating a statute prohibiting the giving away of any commodity for the purpose of promoting the sale of any other commodity. Defendant moved that the information be quashed and a verdict be directed of not guilty on the ground that the statute was unconstitutional. From an order denying the motion and finding him guilty, defendant appeals. Held, that the giving of a …

Go to article

Unfair Competition - Truthful Disparagement Of A Trader's Reputation, W. Wallace Kent Jun 1940

Unfair Competition - Truthful Disparagement Of A Trader's Reputation, W. Wallace Kent

Michigan Law Review

Plaintiff sued for treble damages under the Anti-Trust Act, alleging that the defendants had conspired and combined to drive him out of the securities business. Plaintiff alleged that to accomplish their purpose the defendants published statements as to plaintiff's "criminal record." The facts are not clear, but it appears from the report that the crimes in question were committed twenty years previously, during plaintiff's youth. The trial court instructed the jury that "if that information was true [as to plaintiff's criminal record], the Better Business Bureau, regardless of its purpose in disseminating the information, would not be liable, is not …

Go to article

Another New Tort?, Paul A. Leidy May 1940

Another New Tort?, Paul A. Leidy

Michigan Law Review

During the past two years there have come suggestions of at least two new torts: intentional infliction of mental suffering, and radio defamation. The ease with which the decision in Baxter v. Ford Motor Company has caught on, especially with legal scholars and with at least one American court, suggests that we may soon have to add a third. This one, however, will be more difficult to label, for the writers who applaud the result seem to be in almost complete disagreement as to the principle of the case; there are already several explanations and justifications for the liability imposed …

Go to article

Corporations - Jurisdiction - Foreign Corporations And Venue In The Federal Courts - Consent To Be Sued, Theodore R. Vogt May 1940

Corporations - Jurisdiction - Foreign Corporations And Venue In The Federal Courts - Consent To Be Sued, Theodore R. Vogt

Michigan Law Review

In the long history of the struggle to hold foreign corporations subject to suit at the place of their business activity/ another chapter was written when the Supreme Court decided Neirbo Company v. Bethlehem Shipbuilding Corp., Ltd., hereinafter referred to as the Neirbo case. In that case the plaintiffs, who were citizens and residents of New Jersey, had brought an action in the United States District Court for the Southern District of New York and had sought and obtained the addition, as a party defendant, of Bethlehem, a Delaware corporation. Since, as between plaintiffs and Bethlehem, the suit had …

Go to article

Evidence - Federal Communications Act - Admissibility Of Evidence Which Became Accessible By Wire-Tapping, Edmond F. Devine May 1940

Evidence - Federal Communications Act - Admissibility Of Evidence Which Became Accessible By Wire-Tapping, Edmond F. Devine

Michigan Law Review

Petitioners were convicted under a federal indictment for frauds on the revenue. The United States Supreme Court reversed the conviction on the ground it was obtained by use of evidence secured in violation of section 605 of the Communications Act of 1934 by wire-tapping. A new trial resulted in conviction and eventually the Supreme Court granted a writ of certiorari to consider the question whether evidence indirectly obtained by that wire-tapping could be admitted despite the first holding. Held, such evidence is inadmissible on the basis that to rule otherwise would largely nullify the doctrine previously laid down. Nardone …

Go to article

Trade Marks And Trade Names - Assignment Of Wholesaler's Mark To One Who Will Continue To Sell The Identical Goods, Oscar Freedenberg May 1940

Trade Marks And Trade Names - Assignment Of Wholesaler's Mark To One Who Will Continue To Sell The Identical Goods, Oscar Freedenberg

Michigan Law Review

In cross suits for infringement of trade mark between the C Distilling Company and the P Brewing Company over the use of the trade mark "Century Club" on liquor and beer respectively, a collateral question arose, whether the assignment under which the distilling company claimed a right to the name was valid. The assignor of the trade mark was a wholesaler of several different brands of liquor that were produced by different distillers. The particular brand "Century Club" was manufactured by the C Distilling Co. The wholesaler assigned its right to use the name "Century Club" to the C Distilling …

Go to article

Carriers - Collection Of Freight Charges - Liability Of Consignee Who Reconsigns Shipment, Michigan Law Review Apr 1940

Carriers - Collection Of Freight Charges - Liability Of Consignee Who Reconsigns Shipment, Michigan Law Review

Michigan Law Review

The original shipper consigned a shipment of melons, which was subsequently reconsigned to defendant, who in turn reconsigned the shipment to an Indiana firm over the lines of plaintiff railroad, stating in the diversion order "Protect the through rate. All charges to follow car." The Indiana firm accepted the shipment and paid freight charges with a check, which was dishonored on due presentment, the drawer having gone bankrupt. Held, plaintiff may recover freight charges for the whole trip from defendant. Pennsylvania R. R. v. Seiter, 61 Ohio App. 497, 22 N. E. (2d) 843 (1939).

Go to article

The Codification Of The French Customs, John P. Dawson Apr 1940

The Codification Of The French Customs, John P. Dawson

Michigan Law Review

A renewed attack on central problems of English legal history can gain fresh perspective from the history of French law. France and England entered the later middle ages with a common fund of legal and political institutions. Much of the area that was to be included in modern France was united with England under a common sovereign; political institutions were shaped by the same basic forces into similar forms of feudal organization; private law was largely composed of unformulated popular custom, remarkably similar even in detail. As early as the thirteenth century the tendencies toward divergence, both in law and …

Go to article

Evidence Of Survivorship In Common Disaster Cases, John E. Tracy, John J. Adams Apr 1940

Evidence Of Survivorship In Common Disaster Cases, John E. Tracy, John J. Adams

Michigan Law Review

Almost daily, newspapers recount the details of another automobile accident or airplane crash in which numerous persons are killed--a common disaster. And determination of survivorship in common disaster cases presents some of the most vexing problems that lawyers and judges meet. Lawyers must search for evidence, frequently hard to obtain, and then must face difficult questions of relevancy, materiality, and probative value, since in almost all cases where any evidence is available it is wholly circumstantial. Judges must decide preliminary disputes over who shall bear the burden of proof, and then must rule on the sufficiency of evidence, which is …

Go to article

Criminal Law And Procedure-Federal Courts - Substitution By Supreme Court Of Its Inferences Of Fact For Those Of The State Court, John S. Pennell Apr 1940

Criminal Law And Procedure-Federal Courts - Substitution By Supreme Court Of Its Inferences Of Fact For Those Of The State Court, John S. Pennell

Michigan Law Review

The recent cases of Avery v. Alabama and Chambers v. Florida raise the interesting question of the conclusiveness of a fact finding of a state court upon the United States Supreme Court in a criminal trial when the accused claims that one of his constitutional rights has been impaired, and the holding of the state court is to the effect that on the facts presented such right has not been impaired. The case may arise in the United States Supreme Court in either of two ways. It may come up on appeal from a lower federal court denying a petition …

Go to article

Arrest - Searches And Seizures - Reasonable Ground For Arrest Without Warrant, Michigan Law Review Apr 1940

Arrest - Searches And Seizures - Reasonable Ground For Arrest Without Warrant, Michigan Law Review

Michigan Law Review

The defendant was indicted for receiving and concealing seventy grains of heroin unlawfully imported into the United States. The government proposed to introduce the seized drug in evidence at the trial of the defendant. It appeared that the federal narcotic agent who had made the arrest without a warrant had seen the defendant enter and leave a grocery store. in which narcotic transactions were known to have taken place, He knew the defendant to be an addict, and immediately preceding the arrest, in accordance with a prearranged code, he had been informed by a companion of the defendant, known to …

Go to article

Negligence - Injury From Bodily Movement Of Sleeping Defendant, Michigan Law Review Apr 1940

Negligence - Injury From Bodily Movement Of Sleeping Defendant, Michigan Law Review

Michigan Law Review

Defendant, while asleep on the rear seat of the automobile driven by plaintiff, kicked the back of the front seat, thereby throwing plaintiff forward and causing plaintiff to lose momentary control. Plaintiff brought this action for injuries sustained when the car crashed into a culvert. Held, the trial court properly instructed the jury that defendant was entitled to a verdict if he was asleep at the time he kicked the front seat. The supreme court stated, "fundamentally to create liability for an act alleged to be negligent, it must be shown to have been the conscious act of a …

Go to article

Libel And Slander - Charging Physician With Lack Of Skill In Particular Case, Michigan Law Review Apr 1940

Libel And Slander - Charging Physician With Lack Of Skill In Particular Case, Michigan Law Review

Michigan Law Review

Plaintiff, a practicing physician, sued to recover damages for an alleged libel committed when defendant falsely published in its newspaper an article stating that plaintiff examined a prisoner in the city jail, diagnosed his condition as "alcoholic paralysis," and ordered his removal to a city hospital, and that a post mortem disclosed that the prisoner's neck was fractured. Held, that to charge a physician with having made a wrong diagnosis in a particular case is not actionable per se, and since there is no allegation of special damage, there can be no recovery. Blende v. Hearst Publications, Inc., …

Go to article

First Prev Next Last